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2022 Supreme(Mad) 3752

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
A. Gandhi - Petitioner
Versus
Sri Balaji Traders (Akshaya Super Market), Represented by its proprietor B. Prakash – Respondent
C.R.P. No.4151 of 2022 and C.M.P. No.21677 of 2022
Decided On : 15-12-2022

Advocates Appeared:
For the Petitioner: Mr. S. Rubanprabu.

Headnote:

Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 - Section 36(1) - Code of Civil Procedure,1908 - Order 7 Rule 11 -Constitution of India,1950 - Article 227 - Natural Justice - Evict - Tenant - Litigation - Interlocutory Application - Exemplary - Held, When Code of Civil Procedure itself is not applicable Interlocutory Applications if any filed Code of Civil Procedure cannot be entertained and Rent Court and Rent Tribunal are to regulate proceedings in such a manner so as to ensure that cases are disposed of within time limit contemplated Act itself - Filing of frivolous and unnecessary Interlocutory Applications repeatedly with a motive to drag proceedings at no be encouraged by Courts - If Rent Court formed an opinion that applications are frivolous in nature and filed to drag of proceedings then exemplary or maximum costs is to be imposed on applications - Developing a practice of filing frivolous and unnecessary applications in order to increase longevity of the litigation is to be looked into by Courts concerned and all appropriate actions are to be initiated to dispose of applications without causing undue delay - Petition stands allowed.

ORDER :

(Prayer: Civil Revision Petition filed under article 227 of the Constitution of India to direct the learned Principal District Munsif, Perambalur, to dispose the RLTOP No.3 of 2021.)

1. The Civil Revision Petition has been instituted to dispose the RLTOP No.3 of 2021 within a time frame fixed by the Court.

2. The revision petitioner is the landlord, who instituted proceedings to evict the respondent, who is a tenant. The grievance of the revision petitioner is that he is aged about 73 years and the respondent is attempting to prolong and protract the litigation for unjust gains and therefore, the petitioner is constrained to move the present revision petition.

3. The learned counsel for the petitioner contended that the respondent is filing Interlocutory Application, which all are not maintainable under the provisions of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. Such applications are filed, and entertained by the trial Court, causing prolongation of the litigation and therefore, direction is to be issued for speedy disposal of the RLTOP No.3 of 2021 filed by the revision petitioner.

4. Section 36 of the Tamil Nadu Act 42 of 2017 stipulates procedures to be followed by the Rent Court and Rent Tribunal. Sub Section (1) to 36 enumerates that "Subject to any rules that may be made under this Court, the Rent Court shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act, 1908 but shall be guided principles of natural justice and shall have power to regulate their own procedure and Rent Court shall follow the procedures further contemplated under Section 36 of the Act)". Thus, the Rent Courts and the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure.

5. In the present case, the petitioner states that the Interlocutory Application under Order 7 Rule 11 was filed, which was entertained by the Rent Court, in violation of Section 36(1) of the Tamil Nadu Act 42 of 2017.

6. This Court has considered the very same issue regarding the application of the Code of Civil Procedure in respect of the applications filed under Tamil Nadu Act, 42 of 2017 in CRP.PD.No.2408 of 2022 dated 12.12.2022.

7. The compliance of the rules of natural justice are to be regulated by the Rent Court and the Tribunals. The procedure for providing opportunity to the parties need not be lengthened unnecessarily, so as to dilute the purpose and object of Tamil Nadu Act, 42 of 2017. Under the guise of the principles of natural justice, no party should be allowed to prolong and protract the issues under Section 36 (1) of the Act. The Code of Civil Procedure is inapplicable to the proceedings under the New Act and therefore, an application under Order 7 Rule 11 is not entertainable. When the Code of Civil Procedure itself is not applicable, the Interlocutory Applications, if any, filed under the Code of Civil Procedure cannot be entertained and the Rent Court and Rent Tribunal are to regulate the proceedings in such a manner, so as to ensure that the cases are disposed of within the time limit contemplated under the Act itself. The filing of frivolous and unnecessary Interlocutory Applications repeatedly with a motive to drag the proceedings, at no circumstances, be encouraged by the Courts. If the Rent Court formed an opinion that such applications are frivolous in nature and filed to drag on the proceedings, then exemplary or maximum costs is to be imposed on such applications. Developing a practice of filing frivolous and unnecessary applications in order to increase the longevity of the litigation is to be looked into by the Courts concerned and all appropriate actions are to be initiated to dispose of such applications without causing undue delay. The Rent Courts and Tribunals are expected to be vigilant and conscious about the purpose and object of Tamil Nadu Act, 42 of 2017, while dealing with the tenant-landlord issues.

8. In the

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